COLLECTIVE AGREEMENT

BETWEEN

ST. JOHN'S INTERNATIONAL AIRPORT AUTHORITY

AND

THE PUBLIC SERVICE ALLIANCE OF CANADA

EXPIRY DATE: December 31, 2021

12347 (05)

TABLE OF CONTENTS 1.00 PURPOSE & SCOPE ................................................. ...... ........ ....... .......... ... ........ 1 2.00 INTERPRETATION AND DEFINITIONS ............. ....... ..... ....... ........ .................. .... 1 3.00 MANAGEMENT RIGHTS .................. .......... .... .......... ... ........ .... ... ..... ... .... ........ .. .... 3 4.00 RECOGNITION ..................................................... .... ................ ................. ...... .... 3 5.00 EMPLOYEE REPRESENTATIVES .... ................................................ .............. .... 3 6.00 USE OF EMPLOYER FACILITIES ...... ............. ..... ...... ........................... ...... .... .... 5 7.00 UNION SECURITY .. ............ ............. .. .............................................. ............... ..... 5 8.00 INFORMATION ......... ............ ......... .... ...................... .... .... .. ......... ................ ...... .... 7 9.00 STRIKES AND LOCKOUTS ...... .......... ...... ............ ............................................ ... 7 10.00 NO DISCRIMINATION .......... ... ....... .... ................... ............... ... .... ........... ........... ... 8 11.00 NO HARASSMENT ............................................... .... ............... ................. .. ....... ... 9 12.00 DESIGNATED PAID HOLIDAYS ........................................................................ 10 13.00 OTHER LEAVE WITH OR WITHOUT PAY .. ......... .. ............................. .... .......... 14 14.00 SHORT TERM SICK LEAVE PROGRAM .... ....... ....... ..................................... .... 31 15.00 JOB SECURITY ................... ....... .......... ....................... .............. .................... .. .. . 33 16.00 SEVERANCE PAY .. ................. ......................................... ................... .......... ... . 33 17.00 LEAVE WITH OR WITHOUT PAY FOR PSAC BUSINESS ...... ............ ........ ...... 34 18.00 LOSS OF SERVICE ..................... ....... ......... ......... .............. ........... ..... ............ .... 35 19.00 WASH-UP TIME ...... .......... ............... .... ................. ... .......................................... 35 20.00 PAY ADMINISTRATION .. ....... ...... ........ .................. .. ........... .................. ........ .. ... 35 21.00 TRAVEL TIME ................................................. ......... ....... ......... ..................... ..... 38 22.00 SUSPENSION AND DISCIPLINE .......................... .... ... ...................... ......... ... .... 40 23.00 EMPLOYEE PERFORMANCE REVIEW .. ....................... .......... .............. ...... .. ... 41 24.00 HEALTH AND SAFETY ............... ............... .... ... .... ....... ........... ... ....... ... ............. . 43 25.00 STAFFING PROCEDURE ............. ....................... ... .... .... ............... ..... .. ........ ..... 45 26.00 GRIEVANCE PROCEDURE ........ .... ......... ............................. ... ... .................. .. ... 48 27.00 ARBITRATION ....................................................... ...... ..................... ............ .... .. 50 28.00 EMPLOYEE STATUS ................................................. .... ..... ....................... ........ 52 29.00 HOURS OF WORK ......... ... ..... .................. ............ .. .. ... ........ ................... ... ......... 54 30.00 OVERTIME ..................... .. ... .... .... ......................................... ....... ............. ... ... .. .. 59 31.00 CALL-BACK PAY ............. .................................. ...................... .......... ...... ........... 61 32.00 MILEAGE PREMIUM ............. ... ..... ...................... ........... ...... ..... ......... .. .... ....... .. . 62 33.00 STANDBY .................. ............................................ .................. ........ ........ ... ..... ... 62 34.00 SHIFT PREMIUMS .... ... ... ...... ..... ...... .. .. ................ ...... ....................... .. ............... 63 35.00 VACATION LEAVE .... ...... .............. ..... ... ................. ................ ..................... ..... .. 63 36.00 TECHNOLOGICAL CHANGE .. ............... ..... ........... ..... ..................... .... ...... ........ 68 37.00 REGISTRATION FEES ................ .......................................... ..................... ..... ... 69 38.00 JOINT CONSULTATION ........ ................... ........... .................. ............ ................ 69 39.00 BARGAINING UNIT WORK .... .. ........................ ........ ... ..... ...... ............................ 70 40.00 APPRENTICESHIP ................. ...... ....... ......... ... ............. ... .. .. ............................... 70 41.00 POSITION CLASSIFICATION ... .. ....... .... ... ... .... ........ .............. .... ............ .. ..... ..... 71 42.00 AGREEMENT REOPENER ..... ................ ..................... .................. .. .... ......... ..... 72 43.00 PARKING ......... ........ .... ..... .. ... .... ...... ........................ ............. ..................... .... .. ... 72 44.00 STANDARD OPERATING PROCEDURES ... .................... ...... .......... .... ............ . 72

45.00 CLOTHING POLICY .. ... ....... ... ..... ........ .. ....... ..... ....... .. ...... .. ........................... .. ... 72 46.00 PHYSICAL FITNESS STANDARD (FIREFIGHTERS) .................... ... .. ....... ... ... .. 78 47.00 LEGAL AID ................ .......... ..... .. ... ...... .... .. ... ..... ................. ................................. 79 48.00 INSURANCE PLANS ....... ... ............... ...... ....... .. ......................... .... ... ......... ......... 79 49.00 HEALTH CARE PLAN ......... .. ...... .. ....... ... ............... ............... .............. .... ........... 79 50.00 PENSION PLANS ...... ............................................................. ... .... ................ ..... 80 51.00 DURATION ..... .. .. .... ....... .. ..... ................... ....... .......... ..... ....... ...... .. ............. ... ... ... 80 LETTER OF UNDERSTANDING #1 - SICK LEAVE CREDITS ........ .............. ............ ... 83 LETTER OF UNDERSTANDING #2 - TRAVEL DIRECTIVE ............... .... .. ......... .......... 84 LETTER OF UNDERSTANDING #3-CO-OP STUDENTS .............. ............................ 92 LETTER OF UNDERSTANDING# 4 - SEASONAL EMPLOYEES ............. ... .............. 93 LETTER OF UNDERSTANDING# 5 - CONVERSATION OF NON-FULL TIME EMPLOYEES' SENIORITY .............. .. .. ................. ................ ....... ........... ...................... 94 LETTER OF UNDERSTANDING# 6- FR SHIFT SCHEDULE ...... ..... .......... ............... 96 LETTER OF UNDERSTANDING# 7-CONTRACTING OUT .......... ............................ 98 LETTER OF UNDERSTANDING #8 - JOB SECURITY .................... .......................... 100 LEITER OF UNDERSTANDING #9- VACANCIES ON DATE OF SIGNING ............ 103 APPENDIX A- WAGES AND JOB EVALUATION BANDING ...... ............................... 104 APPENDIX B - PAY NOTES ....... ......................... .... ... ............ .. ...... ... ........ ................. 109 APPENDIX C - GROUP OF 12 SEASONAL EMPLOYEES AS PER ARTICLE 28.03

········ · ········· ········· .............................................. .. ····· ······················ 110 APPENDIX D -ARTICLE 28 SEASONAL EMPLOYEE BENEFITS ........................... 111 MEMORANDUM OF SETTLEMENT-JOINT JOB EVALUATION PLAN ................... 112 AMENDMENT TO MEMORANDUM OF SETILEMENT-JOINT JOB EVALUATION PLAN .. ............ .. .. ......... .... .......... ....... .................... . ............ ...................... 116 MEMORANDUM OF AGREEMENT - WINTER OPERATIONS SHIFT SCHEDULE AND OVERTIME/CALLBACK PROVISIONS ..... .... ..... ..... ... .. ................. .... .......................... 120

ii

1.00 PURPOSE & SCOPE

1.01

The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, PSAC and the employees and to set forth herein certain terms and conditions of employment, upon which agreement has been reached through collective bargaining.

1.02

The Agreement is between PSAC, Employees and the Employer

2.00 INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

"allowance" means compensation payable for the performance of special or additional duties,

"compensatory leave" means leave with pay in lieu of cash payment for overtime, traveling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken,

"continuous employment" means period of uninterrupted employment with The Authority, and in the case of transferred employees, includes continuous employment with the Federal Government as at the date of transfer.

"daily rate of pay" means an employee's annual rate of pay divided by the number of working days in his/her annual work schedule,

"day" - Firefighter provision - means a shift.

"day of rest" in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission,

"double time" means two (2) times the employee's hourly rate of pay,

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"Employee" means person who is a member of the bargaining unit described in Article 4.01

"Employer" means the St. John's International Airport Authority (SJIAA)

"holiday" means:

(i) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement,

(ii) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:

(a) on the day it commenced where half (1/2) or more of the hours worked fall on that day, or

(b) on the day it terminates where more than half (1/2) of the hours worked fall on that day.

"hourly rate of pay" (blue collar workers) - means a full-time employee's weekly rate of pay divided by forty (40) hours,

"hourly rate of pay" (administrative staff) - means a full-time employee's weekly rate of pay divided by thirty-seven and one half (37 % ) hours,

"hourly rate of pay" (Firefighters)

means a full-time employee's weekly rate of pay divided by 42

"lay-off' means the termination of an employee's employment because of lack of work or because of the discontinuance of a function,

"leave" means authorized absence from duty by an employee during his or her regular or normal hours of work,

"membership dues" means the dues established pursuant to the constitution of PSAC as the dues payable by its members as a consequence of their membership in PSAC.

"overtime" means in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,

"PSAC" means the Public Service Alliance of Canada,

"spouse" means the person the employee is legally married to or the person who, for a continuous period of at least one year, the employee has lived with, publicly

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represented that person as the employee's spouse and the spousal relationship has been recognized in the community or communities in which they have lived, and the employee continues to represent that person as the employee's spouse.

"straight-time rate" means the employee's hourly rate of pay,

"time and one half' means one and one half (1 %) times the employee's hourly rate of pay

"weekly rate of pay", means an employee's annual rate of pay divided by 52.176.

3.00 MANAGEMENT RIGHTS

3.01

Except to the extent provided herein, this Agreement in no way restricts the authority of the Employer.

3.02

The rights set forth in this Article and/or otherwise retained by management shall be exercised in conformity with the provisions of this Agreement fairly, reasonably, in good faith and without discrimination.

4.00 RECOGNITION

4.01

The Employer recognizes the Public Service Alliance of Canada as the exclusive bargaining agent for all employees of the Employer as described in the certificate issued by the Canada Labour Relations Board dated January 17, 2014.

5.00 EMPLOYEE REPRESENTATIVES

5.01

The Employer acknowledges the right of PSAC to appoint or otherwise select a reasonable number of employees as representatives. PSAC shall notify the Employer in writing of the names and jurisdictions of its representatives.

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5.02

A representative shall obtain the permission of the immediate supervisor before leaving the work area to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to the immediate supervisor before resuming normal duties.

5.03

The Employer will grant leave with pay to three (3) employees during regular working hours for purposes of attending contract negotiation meetings on behalf of PSAC.

5.04

Supject to operational requirements, the Employer will grant leave with pay to designated Union representatives who are meeting with the Employer on behalf of PSAC at scheduled Union Management meetings during such representatives' normally scheduled working hours. ·

5.05

Subject to operational requirements and with reasonable notice, the Employer shall grant leave without pay to a reasonable number of employees to undertake work on behalf of PSAC, including its components and or locals, and to attend to Union business, including conventions, executive meetings, Canada Industrial Relations Board hearings and representative training courses.

5.06

The Authority shall ensure that new employees are introduced to a representative of PSAC on their first day of work.

The Authority agrees to provide the President of the Local or designate and the new employee(s), at the time of their orientation, leave with pay of (1) hour, at a time mutually agreed upon between the parties, to acquaint the newly hired employee(s) with the fact that a collective bargaining relationship exists between PSAC and the St. John's International Airport Authority.

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6.00 USE OF EMPLOYER FACILITIES

6.01

Reasonable space on bulletin boards in convenient locations will be made available to PSAC for the posting of official Alliance notices. Posting of notices or other materials, except notices related to the business affairs of PSAC, shall require prior approval of the Employer.

6.02

The Employer agrees to provide the Union Executive with the use of a fax machine, photocopier for the reasonable requirements of the local, and a filing cabinet for its sole and exclusive use.

6.03

The Employer will make available specific locations on its premises for the placement of reasonable quantities of literature of PSAC.

6.04

A duly accredited representative of PSAC shall be permitted access to the Employer's premises to assist in the resolution of a complaint or grievance and to attend meetings called by management.

6.05

Where practical, the employer will provide a meeting room subject to availability to the Local so that it may carry out union business.

7.00 UNION SECURITY

7.01

All non-excluded employees who commence employment shall as a condition of employment become and remain members of the Union.

7.02

Subject to the provisions of thi$ Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all

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employees in the bargaining unit. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.

7.03

PSAC shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

7.04

For the purpose of applying clause 7.02, deductions from pay for each employee in respect of each calendar month will start with the first month of employment to the extent that earnings are available.

7.05

No employee organization, other than PSAC, shall be permitted to have membership dues and, or other monies deducted by the Employer from the pay of employees in the bargaining unit.

7.06

The amounts deducted in accordance with clause 7.02 shall be remitted to the Comptroller of PSAC by cheque within one month after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf. The particulars shall include the following information: first and last name of the employee, PSAC membership number, title or classification of the employee's position and the amount remitted for each employee. SJIAA shall provide explanation of any known anomal'ies or respond to PSAC inquiries regarding same. The Employer shall indicate the amount of dues deducted yearly on each employee's T-4.

7.07

The Employer agrees to make deductions for Alliance initiation fees, insurance premiums and assessments on the prodl:lction of appropriate documentation.

7.08

PSAC agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

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8.00 INFORMATION

8.01

The Employer shall provide the local, within a period of fifteen (15) days, with the names, classification and work location of newly appointed employees.

8.02

PSAC agrees to supply each employee with a copy of the Collective Agreement. The parties agree to share the cost of printing the Collective Agreement.

8.03

The Employer agrees to provide to the President of the Local Union of PSAC with a copy of the Employer's current organization chart and as amended from time to time.

8.04

The Employer will provide to the President of the Local Union of PSAC with a copy of, or access to, the following, as existing at the signing of this Collective Agreement and as amended from time to time:

(i) policies bearing on employee's employment;

(ii) full text of all benefit and pension plans;

(iii) current job descriptions;

(iv) health & safety reports generated outside OSH Committee, subject to part II of the Canada Labour Code;

(v) names and titles of SJIAA excluded staff;

(vi) courtesy copies of those Board documents which are Public Record and notice of Board Appointments and meetings,

9.00 STRIKES AND LOCKOUTS

9.01

There shall be no strikes or lockouts (as defined in the Canada Labour Code and accompanying regulations) during the life of this agreement.

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9.02

The Employer will ensure safe access to the employees' place of work when the employee expresses a concern for personal safety when required to cross a picket line involving other employees/employers on the Authority premises.

9.03

The Employer shall not assign any employee work normally performed by a tenant's employees who are on strike or locked out.

9.04

If employees are prevented from performing their duties because of a strike or lockout on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make every reasonable effort to ensure that such employees are employed elsewhere so that they shall receive their regular pay and benefits to which they would normally be entitled.

9.05

Employees who engage in an illegal strike will only be subject to penalties imposed by the Canada Industrial Relations Board. If an employee refuses to cross any picket line, the employee shall not be paid for time not worked and the employee shall not be subject to discipline.

10.00 NO DISCRIMINATION

10.01

(a) The Employer acknowledges and affirms its obligations under the Canadian Human Rights Act, which prohibits discrimination in respect of employment by reason of race, national or ethnic origin, creed, language, colour, religion, age, sex, marital status, family status, mental and physical disability, criminal conviction for which a pardon has been granted, sexual orientation, political affiliation, membership or activity in the union, or criminal record for which a pardon has been granted, in the absence of a bona fide occupational requirement as provided for by the Canadian Human Rights Act.

(b) Accordingly, the provision of this Agreement shall be interpreted and applied in a manner consistent with applicable human rights legislation.

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(c) In the event of a violation of this Article by the Employer, an arbitrator shall have the jurisdiction to hear the complaint and have the remedial powers set out in Section 53 of .the Canadian Human Rights Act.

(d) There shall be no discrimination in respect of employment by reason of membership or activity in PSAC. An allegation of such discrimination is subject to the Grievance Procedure.

(e) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(f) If by reason of Article 10.01 (e) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

11.00 NO HARASSMENT

11.01

(a) The Employer, the employees, and PSAC recognize the right of all persons employed by the SJIAA to work in an environment free from personal harassment, sexual harassment or abuse of authority, and agrees that any of the aforementioned actions will not be tolerated in the workplace.

(b) Cases of proven uninvited harassment by any person employed by the employer are considered a disciplinary infraction, and shall be dealt with as such.

11.02

(a) Sexual harassment is any incident or series of incidents which may cause offense or humiliation to any employee and includes, but is not limited to, unnecessary physical contact, gestures or comments of a sexual nature, the displaying of pornographic material or any conduct that might reasonably be perceived as placing a condition of a sexual nature on any aspect of

-employment.

(b) Personal harassment is any unwarranted behavior by any person that is directed at and is offensive to an individual or endangers an individuals' job, undermines the performance of that job or threatens the economic livelihood of the individual. Such behavior may take the form of the application of force, threats, verbal abuse or harassment of a personal nature or racial nature, which demeans, belittles or causes personal humiliation or embarrassment to the recipients(s).

(c) Abuse of authority is a form of harassment that occurs when an individual improperly uses the power an authority inherent in their position to endanger an

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employee's job, threaten the economic livelihood of that employee or in any way interfere with or influence the career of the employee. It includes intimidation, threats, blackmail or coercion

(d) Workplace violence means the attempted, threatened or actual conduct of a person that is intended to cause physical injury where it could reasonably be expected to that an employee is at risk of physical injury.

11.03 Complaint Procedure

(a) The employee who alleges harassment, or a union representative on behalf of the employee will contact the designated Human Resources Officer who will:

(i) investigate the matter; and

(ii) maintain a strict degree of confidentiality with the employee concerned; and

(iii) take appropriate action to resolve the problem.

(b) In the event the problem is not resolved under (a) above, the employee may refer the matter to stage 2 of the grievance procedure and subsequently thereafter to arbitration.

(c) Grievances under this Article will be handled with all possible confidentiality and dispatched by PSAC and the employer.

11.04

An alleged offender whether a member of the bargaining unit or an excluded employee, shall be given notice of the substance of a complaint under this Article. And shall be given notice of and be entitled to attend, participate in, and be represented at any grievance hearing or any arbitration under this Agreement.

12.00 DESIGNATED PAID HOLIDAYS

12.01

Subject to clause 12.02, the following days shall be designated paid holidays for employees.

(a) New Year's Day, (b) Good Friday, (c) Easter Monday,

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( d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(e) Canada Day, (f) Regatta Day, (g) Labour Day, (h) Thanksgiving Day, (i) Remembrance Day, G) Christmas Day, (k) Boxing Day, (I) One (1) additional day-As mutually agreed upon between the employee and the

Authority.

12.02

An employee, except FR Group, absent without pay on the working day both immediately preceding and immediately following a designated holiday is not entitled to pay for the holiday unless the employee is on union leave without pay under Clause 5.05.

12.03

Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

12.04 Shifted Holiday

When a day designated as a holiday under clause 12.01 coincides with an employee's day of rest, the holiday shall be moved to the first scheduled working day following the employee's day of rest. This shall be deemed a shifted holiday. When two (2) days designated as holidays under clause 12.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest.

12.05

When a day designated as a holiday for an employee is moved to another day under the provisions of clause 12.04, work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest.

12.06

An employee, (Except FR Group), who works on an actual or shifted holiday shall be paid:

(a) one and One half (1.5 ) times the straight time rate of pay for the first six (6) hours worked on the holiday, and double time (2X) thereafter, in addition to the

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pay that the employee would have been granted had he or she not worked on the holiday, or

(b) upon request, and with the approval of the Employer, the employee may be granted:

(i)

(ii)

12.07

a day/shift leave with pay (straight-time rate of pay) at a later day in lieu of the holiday; and

pay at one and one half (1.5) times the straight-time rate of pay for the first six (6) hours worked on the holiday, and double time (2X) thereafter.

(Except FR Group)

(a) Subject to operational requirements and adequate advance notice, the Employer shall grant lieu days at such times as the employee may request.

(b) When in a calendar year an employee has not been granted all lieu days as requested at the employee's option, such lieu days shall be paid off at the employee's straight-time rate of pay or carried over for one year. In all other cases unused lieu days shall be paid off at the employee•s straight-time rate of pay.

12.08

When an employee is required to report for work and reports on a designated holiday, the employee shall be paid in accordance with the provisions of this Article or Article 31 - Call-Back Pay, whichever is applicable.

12.09

Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season. Where practicable, an employee who has worked Dec. 25 the previous holiday season will be given preference to having Dec. 25 off in the subsequent season.

12.10 Compensation For Designated Paid Holidays - (Firefighters)

(a) The designated paid holidays in a fiscal year shall be anticipated to the end of the year and "lieu day" credits. established. Each fiscal year shall be deemed to include eleven (11) designated paid holidays.

(b) Each employee shall select the method of lieu day compensation which he/she prefers. Such selection shall be made as of December 31, and shall remain valid for the following twelve-month period.

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(c) The employee shall select one of the following methods of lieu day compensation:

1. Cash payment: The employee is paid upon selection, straight time for each day selected for cash payment. When the holiday is worked the employee receives time and one- half (1 %) for the day. When an employee is on days of rest for the holiday, the holiday is shifted as per clause 12.04 and the firefighter is paid time and one half- (1 %) for the date that the holiday is shifted to work.

2. Compensatory leave: The employee schedules each lieu day selected as compensatory leave and is paid when the holiday is worked at time and one half (1 %) as stated in 12.10 c (1) when the holiday occurs or,

3. Combination of cash payment and compensatory leave: The employee receives cash for days selected under provision (1) and schedules compensatory days for those selected under provision (2). Pay is then paid at time and one half- (1 %) for each holiday as it is worked, either on normal shift rotation or on the shifted day when the firefighter is on days of rest for the holiday.

4. When at the end of the year an employee has not taken compensatory leave scheduled, the shifts are paid out at straight time.

(d) The employee shall make such selection known to the Employer and in the manner required by the Employer.

(e) In the event the employee fails to make the selection referred to above, the method of compensation shall be determined by the Employer.

(t) An employee who has selected the compensatory leave method shall have his lieu days scheduled in the fiscal year in which they are credited to him/her. In scheduling such lieu days the Employer shall, subject to operational requirements of the service:

(i) schedule an employees lieu days on the dates requested when such a request is made in writing 30 days in advance;

(ii) provide by mutual agreement lieu days requested on shorter notice, notwithstanding the above.

(g) Lieu days may be granted as an extension to vacation leave or as occasional days and shall be charged against the lieu day credits on the basis of one (1) shift for one ( 1) day.

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13.00 OTHER LEAVE WITH OR WITHOUT PAY

13.01 Bereavement Leave With pay

(a) For the purpose of this Article, immediate family is defined as father, mother or (alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, child (including child of common-law spouse), stepchild or ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of four (4) calendar days which must include the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death . .

(c) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of the employee's niece, nephew, brother-in-law or sister-in-law.

(d) If during a period of sick, vacation, or compensatory leave an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 13.01(b) and 13.01(c), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay is granted.

(e) It is recognized by the parties that the circumstances, which call for leave in respect of bereavement, are based on individual circumstances. The Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 13.01(b) and 13.01(c). The Authority agrees to consider requests for bereavement leave where cultural traditions create important family relationships not described in this article.

(f) The employer shall grant leave for necessary time off up to one (1) day to attend a funeral where the employee has been asked and has agreed to actively participate in the conduct of a funeral service (e.g. pallbearer, eulogy, reader). For the purpose of this clause, day shall mean the employee's work schedule on the date of the funeral service.

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13.02 Maternity Leave Without Pay

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after the termination date of pregnancy.

(b) Notwithstanding paragraph (a):

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized; or

(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling seventeen ( 17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d} The Employer may require an employee to submit a medical certificate certifying pregnancy.

(e) An employee who has not commenced maternity leave without pay may elect to:

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave With Pay Article.

For purposes of this subparagraph, the term's "illness" or "injury" used in the Sick Leave With Pay Article, shall include medical disability related to pregnancy.

(f} An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

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(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

13.03 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay;

(ii) provides the Employer with proof that she has applied for and is in receipt of . pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer; and

(iii) has signed an agreement with the Employer stating that:

(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;

(B) within eighteen (18) months following her return to work, as described in section (A), should she claim the full seventeen (17) weeks of maternity allowance, she will work a number of hours paid at the straight time calculated by multiplying the number of hours in the work week on which her maternity leave allowance was calculated by twenty-six (26);

(C) within eighteen (18) months following her return to work, as described in section (A), should she claim only a portion of the seventeen (17) weeks of maternity allowance, she will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which her maternity allowance was calculated by a number determined as follows:

(26 weeks) X (number of weeks during which she received the maternity allowance)

(17 weeks)

(D) Should she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function or having become disabled,

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she will be indebted to the Employer for the full amount of the maternity allowance she has received;

(E) should she return to work but fail to work the total number of hours as specified in sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function, or having become disabled, she will be indebted to the Employer for an amount determined as follows:

(allowance received) X (number of hours not worked following her return to work)

total number of hours to be worked as specified in (8) or (C)

(b) For the purpose of sections (a)(iii)(B), (C) and (E), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but will extend the eighteen (18) month period referred to in sections (a)(iii)(B) and (C).

(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety~three percent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period; and

(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three percent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in subparagraph (c) above will be estimated and advanced to the employee. Adjustments will be made once

the employee provides proof of receipt of Employment Insurance pregnancy benefits.

(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

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(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

13.04 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 38.02 (a) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, or the Nfld Workers Compensation Act prevents her from receiving Employment Insurance Pregnancy benefits; and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 13.03(a), other than those specified in section (a) and(b) of subparagraph 13.03 (a) (Ill), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (I), the difference between ninety-three percent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, or via the Compensation Authority.

(b) An employee shall be paid an allowance under this clause and under clause 13.03 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a) (I).

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13.05 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law spouse), the employee shall, upon request, be granted parental leave without pay for up to thirty seven (37) weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for up to thirty seven (37) weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding paragraphs (a) and (b):

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay; or

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four ( 104) weeks after the day on which the child comes into the employee's care.

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b).

(e) The Employer may:

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four ( 4) weeks' notice;

(iii} require an employee to submit a birth certificate or proof of adoption of the child.

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(f) Parental leave without pay taken by a couple employed by the Authority shall not exceed a total of thirty-seven (37) weeks for both individuals combined.

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

13.06 Parental Allowance

(a) An employee who is an adoptive mother and has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay;

(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable employment with the Employer; and

(iii) has signed an agreement with the Employer stating that:

(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

(B) within ten (10) months of his or her return to work, as described in section {A), should the employee claim the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by fifteen (15);

(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by a number determined as follows:

(15 weeks) X (number of weeks during which he/she received the parental allowance)

(12 weeks)

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(D) should he or she fail to return to work in accordance with section (A), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function, or having become disabled, he or she will be indebted to the Employer for the full amount of the parental allowance he or she has received;

(E) should he or she return to work but fail to work the total number of hours as specified in sections (B) or (C), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function, or having become disabled, he or she will be indebted to the Employer for an amount determined as follows:

(allowance received) X (number of hours not worked following his/her return to work)

total number of hours to be worked as specified in (B) or (C)

(b) For the purpose of sections (a)(iii)(B), (C) and (E), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but will extend the ten (10) month period referred to in sections (a)(iii)(B) and (C).

(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three percent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three percent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended

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benefits which the employee receives under Subsection 12(7) of the El Act.

(d) At the employee's request, the payment referred to in subparagraph (c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of El parental benefits.

( e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

U) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

13.07 Special Parental Allowance for Totally Disabled Employees

(a) An employee who is an adoptive mother:

(i) fails to satisfy the eligibility requirement specified in subparagraph 12.07(a)(ii) solely because a concurrent entitlement to benefits under the

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Disability Insurance (DI) Plan, Workers Compensation Act prevents the employee from receiving Employment Insurance parental benefits;

(ii) has satisfied all of the other eligibility criteria specified in paragraph 12.0S(a), other than those specified in sections (A) and (B) of subparagraph 12.08(a);

(iii) shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three percent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, or via the Worl

(iv) when the employees family member is unable to attend the appointments by himself or herself; and

(v) the employee is expected to make reasonable efforts to schedule medical or dental appointments for dependent family members to minimize his or her absence from work.

(d) One (1) day's leave with pay for needs directly related to the birth or to the adoption of the employee's child, which may be divided into two(2) periods and granted on separate days.

Leave Without Pay for the Care and Nurturing of Dependant Children

(a) At the request of an employee, leave without pay in one (1) or more periods to a total maximum of five (5) years during an employee's total period of employment with the SJIAA shall be provided for the care and nurturing of dependant children.

(b) Leave without pay which is for a period of more than three (3) months, granted under this clause, shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

13.10 Court Leave

The Employer shall grant leave with pay to an employee for the period of time he or she is required:

(a) to be available for jury selection;

(b) to serve on a jury;

(c) by subpoena or summons or similar instrument to attend as a witness in any proceeding held:

{i) in or under the authority of a court of justice or before a grand jury;

(ii) before a court, judge, justice, magistrate or coroner;

(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position;

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(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it;

or

(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

13.11 Injury on-Duty Leave

An employee shall be granted injury-on-duty leave with pay when a claim has been made pursuant to the Newfoundland and Labrador Workers Compensation Act, and the Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct; or

(b) an industrial illness or a disease arising out of and in the course of the employee's employment

the employer agrees to continue the employee's regular rate of pay until the employee is transferred to WCB if the employee agrees to remit to the Employer any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

13.12 Education Leave Without Pay

(a) The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one ( 1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

(b) At the Employer's discretion, an employee on education leave without pay under this Article may receive an allowance in lieu of salary of up to 100% (one hundred percent) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the

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amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

(c) Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

(d) As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee:

(i) fails to complete the course;

(ii) does not resume employment with the Employer on completion of the course; or

(iii) ceases to be employed, except by reason of death or lay~off, before termination of the period he or she has undertaken to serve after completion of the course;

the employee shall repay the Employer all allowances paid to him or her under this Article during the education leave or such lesser sum as shall be determined by the Employer.

13.13 Religious Holy Days

(a) The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

(b) Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.

(c) Notwithstanding clause 13.14 (b), at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional cost to the Employer.

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13.14 Leave With or Without Pay for Other Reasons

At its discretion, the Employer may grant:

(a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;

(b) leave with or without pay for purposes other than or in addition to those specified in this Agreement.

13.15 Leave General

Except as otherwise specified in this Agreement:

(a) Where leave without pay for a period in excess of three (3) months is granted to an employee, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave.

(b) Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

(c) An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

(d) The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

(e) An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

(f) An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

(g) In the event of termination of employment for reasons other than incapacity, death or lay~off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

(h) An employee shall not earn leave credits under this Agreement in any month for which leave has already been credited to him or her under the terms of any other

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collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

13.16 Medical Appointment for Employees

(a) Up to half a day of reasonable time off with pay will be granted to employees for the purpose of attending annual or specialist's medical appointments.

(b) Where a series of continuing appointments are necessary for the treatment of a particular condition, absences shall be charged to sick leave.

13.17 Leave Without Pay for the Long-Term Care of a Patient

(a) Both parties recognize the importance of access to leave for the purpose of long-term care of a parent.

(b) An employee shall be granted leave without pay for the long-term personal care of the employee's parents, including stepparents or foster parents, in accordance with the following conditions:

(i) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;

(ii) leave granted under this Article shall be for a minimum period of three (3) weeks;

(iii) the total leave granted under this Article shall not exceed one (1) year during an employee's total period of employment with the SJIAA;

(iv) leave granted for periods of one year or less shall be scheduled in a manner, which ensures continued service delivery;

(v) An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

13.18 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs in the following manner:

(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;

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(b) subject to operational requirements, leave without pay for more than tt:lree (3) months but not exceeding one (1) year will be granted to an employee for personal needs;

(c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b) during the employee's total period of employment with the employer. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer;

(d) leave without pay granted under (b) of this clause shall be deducted from the calculation of " continuous employment" for the purpose of calculating severance pay and" service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

13.19 Spousal Union Leave with Pay

For the purpose of this Collective Agreement, "spouse" means the person the employee is legally married to or the person who, for a continuous period of at least one (1) year, the employee has lived with, publicly represented as their spouse and the spousal relationship has been recognized in the community or communities in which they have lived.

For the purpose of this Article, "day" shall also mean and be read as "shift".

Spousal Union Leave with Pay

(a) After the completion of one (1) year's continuous employment with the employer, and providing an employee gives the Authority at least five (5) days' notice, the employee shall be granted five (5) days' leave with pay for the purpose of declaring spousal union with another person in a public ceremony. This ceremony may be civil, secular or religious.

(b) For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of leave with pay for spousal union, an amount equal to the amount paid the employee during the period of leave will be recovered by the Authority from any monies owed the employee.

13.20 Leave Without Pay for Relocation of Spouse

At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is relocated.

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13.21 Career Development Leave with Pay

(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development, or, an activity that is likely to assist the organization in achieving its goals. The following activities shall be deemed to be part of career development:

(i) a course given by the Employer;

(ii) a course offered by a recognized academic institution;

(iii) a seminar, convention or study session in a specialized field related to the employees work;

(iv) up to eight (8) hours of necessary time off to study for a final examination of a semester length course provided the Employer is not able to provide the study time at work; and

(v) necessary time off to attend the writing of the examination of a course for which career development leave has been granted.

(b) Upon written application by the employee, and with the approval of the employer, career development leave with pay may be given for any of the activities described in 13.21 (a). The employee shall receive no compensation under the overtime and traveling time provisions of the relevant collective agreement during time spent on career development leave provided for in this clause.

(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them that the employer may deem appropriate.

(d) The Employer agrees to pay the registration and/or tuition costs of a course for which career development leave has been approved at the time of registration. As a pre-condition of such payment, an employee shall sign a written agreement prior to the payment to reimburse the Employer on mutually agreeable terms if the employee:

(i) fails to complete the course or successfully complete the course; or

(ii) does not continue employment with the Employer upon completion of the course.

13.22 Leave without Pay for Election to a Union Office

Subject to operational requirements, an employee who has been elected or appointed to a full-time office of the PSAC or the U.C.T.E., with a minimum of at least two (2) months' notice, will be entitled to leave without pay for a term of

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14.00

14.01

office of up to three years during which they are elected or appointed to hold office. An employee may reapply for a further period of leave of absence, if he/she is re-elected for an additional three year term.

The employee may elect to continue their participation in the applicable Pension Plan during their leave of absence, up to the maximum years allowable under the provisions of the pension plan, at the rate of salary they have been receiving in their current position with SJIAA, provided PSAC/UCTE remits the employer and employee contributions on a monthly basis to SJIAA.

An employee who returns to work with the SJIAA after a period of leave without pay granted under this clause shall have the time spent on leave credited for the purpose of seniority. Such an employee has the right to return to their former classification level and, if practicable, their former position. An employee hired on a term basis to backfill for an employee granted leave under this clause, will not be granted indeterminate/full-time status if his/her term of employment exceeds three years, notwithstanding the provisions of Clause 28.01.

SHORT TERM SICK LEAVE PROGRAM

No employee shall be adversely affected or disciplined for bona fide use of sick leave.

14.02

(a) An employee shall earn leave credits at the rate of one and one quarter (1 ~) days for each calendar month for which the employee received pay for at least ten ( 10) days.

FR GROUP

(b) An employee occupying a position within the FR (Firefighters) Group at SJIAA whose work schedule requires one hundred and eighty-two (182) shifts per year shall earn credits at the rate of eleven-twelfths (11/12) of a shift for each calendar month for which the employee earns pay for at least seven (7) shifts.

14.03

An employee shall be granted sick leave with pay, at 100% of the employees normal rate of pay, when he/she is unable to perform his/her duties because of illness or injury provided that:

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(a) he/she satisfies the Employer of this condition in such a manner and such time as may be determined by the Employer;

(b) he/she has the necessary sick leave credits.

14.04

When an employee has insufficient credits to cover the granting of sick leave with pay under clause 14.03, sick leave to a maximum of fifteen (15) days with pay may be advanced to an employee. The Employer shall not unreasonably deny the advance of these sick leave credits, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

14.05

(a) Every employee who may be absent from duty on account of sickness shall notify his/her immediate supervisor, and no employee shall be entitled to benefits for time previous to such notification, unless delay is shown to have been unavoidable.

(b) The Employer may further require reports from the employee's physicians from time to time, including reports by physicians designated by the Employer. The Employer will bear the costs of medical reports provided by Employer designated physicians. Unless otherwise advised in advance and for valid reason, a statement signed by the employee stating that because of illness or injury they were unable to perform their duties shall, when provided to the Authority, be considered as meeting the requirement of clause 14.03.

14.05 Return of Credits When Injury on Duty is Approved

Where an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the period, it shall be considered, for the purpose of calculating sick leave credits, that the employee was not granted sick leave with pay.

14.06 Return of Credits During Period of Compensatory Leave

Where in respect of any period of compensatory leave, an employee is granted sick leave with pay on the production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

14.07

An employee is not eligible for sick leave with pay during any period in which the employee is on leave of absence without pay or under suspension.

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15.00 JOB SECURITY

The employer agrees that for the life of this collective agreement it will not layoff any full-time or seasonal employees.

16.00 SEVERANCE PAY

16.01

An employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

(a) Resignation

On resignation and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

(b) Retirement

On retirement, when an employee is entitled to an immediate annuity or entitled to an immediate annual allowance a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30} weeks' pay.

(c) Death

If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

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(d) Termination for Cause for Reasons of Incapacity or Incompetence

16.02

(i) when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity, one week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks; and

(ii) when an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence one week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted severance pay. Under no circumstances shall the maximum severance pay provided under this article be pyramided.

17.00

17.01

LEAVE WITH OR WITHOUT PAY FOR PSAC BUSINESS

When operational requirements permit, the Employer will grant leave with pay:

(a) to an employee who makes a complaint on his or her own behalf, before the Canada Industrial Relations Board;

(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of PSAC making a complaint.

17.02 Applications for Certification

Representations and Interventions with respect to applications for certification.

When operational requirements permit, the Employer will grant leave without pay:

(a) to an employee who represents PSAC in an application for certification or in an intervention; and

(b) to an employee who makes personal representations with respect to a certification.

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17.03

The Employer will grant leave with pay:

(a) to an employee called as a witness by the Canada Industrial Relations Board;

(b) when operational requirements permit, to an employee called as a witness by an employee or Alliance.

Letter of Comfort

Subject to the approval of the C.E.O., employees shall be granted reasonable leave with pay for other union business to a maximum of thirty (30) days or shifts per calendar year excluding any other union leave granted for collective bargaining or internal business with the Employer. Such leave requested is on the recommendation of the Local President or designate.

18.00

18.01

LOSS OF SERVICE

Service and employment will be terminated when an employee:

(a)

(b)

(c)

19.00

19.01

resigns or retires;

is discharged for just and sufficient cause;

abandons his or her position by failing to report for duty for five (5) consecutive days unless the employee provides an explanation for his or her absence, which is satisfactory to the Employer.

WASH-UP TIME

Where the Employer determines that due to the nature of work there is a need, wash-up time to a maximum of ten (10) minutes will be permitted before the end of the working day and before the lunch period.

20.00 PAY ADMINISTRATION

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20.01

Employees shall be paid on a bi-weekly basis at the rate of pay to which he or she is entitled as prescribed in Appendix A, in accordance with Appendix B.

20.02

Upon initial appointment, an employee shall be paid the hourly rate prescribed for the position, or in the case of a position having a range of incremental rates, the rate deemed appropriate by the Employer. In no case shall the employee be paid at less than the minimum rate.

20.03

(a) An employee appointed or reclassified to a higher rated position shall be paid at the step in the range of the new position which provides an increase in pay at least equal to the lowest paid increment in the new position, or such higher rate deemed appropriate by the Employer.

(b) An employee appointed or reclassified to a higher hourly rated position shall be paid the hourly rate prescribed for the position.

20.04

An employee appointed or reclassified to a position rated the same, as his or her prior position shall receive at least the same incremental rate in his or her new position. If there is no such incremental rate the employee shall receive the next higher incremental rate.

20.05

(a) An employee whose position is reclassified downward and who has yet to be offered a reassignment to a position rated the same as or higher than his or her current position, shall receive incremental rate increases and negotiated salary increases on the same basis as if he or she had not been reclassified.

(b) An employee whose position is reclassified downward and who has refused reassignment to a permanent position rated the same as or higher than his or her prior position and for which the employee has the requisite skills and abilities shall continue to receive the same rate of pay. The employee shall receive incremental rate increases on the same basis as if he or she had not been reclassified but shall not receive negotiated salary increases. The employee shall be paid the applicable incremental rate for the new classification when it exceeds the protected rate.

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(c) An employee who is demoted shall receive the lesser of his or her current rate of pay and the maximum incremental rate in the new position.

20.06

Clause 20.05 does not apply to an employee who obtains a position through the posting procedure, which is rated lower than his or her current position. Such an employee shall receive the lesser of the maximum rate for the new position and his or her current rate of pay. In the event of the latter, the employee shall receive the applicable incremental rate when it exceeds his or her current rate in accordance with Clause 20.07.

20.07 Pay Increments

(a) An employee holding a position for which there is a minimum and maximum rate of pay shall be granted pay increments until he or she reaches the maximum rate for the position. The pay increment period is one (1) year from the anniversary date in the position.

A pay increment shall be the rate in the range applicable to the position that is next higher to the rate at which the employee is being paid.

(b) An employee appointed or reclassified to a position other than a higher rated position shall retain his or her increment date.

(c) Unless otherwise provided in this Agreement to the contrary, an employee on a leave of absence without pay for a period of three (3) months or more will not be granted his or her pay increment until he or she completes a period of employment equal to the pay increment period for the position held. That date shall become the employee's new increment date.

20.08

(a) In the event a non-bargaining unit employee is appointed to a position within the bargaining unit he or she shall receive the lesser of his or her current salary and the maximum incremental rate for the new position. The person shall be obliged to apply for any bargaining unit position pursuant to the staffing procedure on the same basis as any bargaining unit employee.

(b) The Employer may appoint an employee to a position outside the bargaining unit on an acting basis for a period of up to one (1) year, after conducting a competition, during which time the employee may be returned by the Employer to his or her former position at the rate of pay to which he or she would have otherwise been entitled within the bargaining unit. The acting appointment may be extended beyond one (1) year to accommodate a temporary vacancy.

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20.09

For the purposes of this Agreement, a position is higher rated than another is if its maximum rate is higher, and the position is rated the same as another if its maximum rate is the same.

20.10

Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first.

20.11

When an employee is required in writing by the Employer pursuant to a procedure approved by the Employer (including but not limited to a standard operating procedure) to perform the duties of a higher rated classification level in an acting capacity and performs those duties for at least one-half (1/2) shift (including designated holidays), the employee shall be paid acting pay for at least the minimum of one shift, calculated from the date on which the employee commenced to act, in accordance with clause 20.03. In the case of an assignment to a management position offered to an employee, the employee shall be paid a premium of twenty percent (20%) of the employee's regular wage rate for the duration of the acting assignment; the employee has the right to decline the offer of the acting assignment to a management position. An employee acting in a higher rated position shall continue to be entitled to his or her pay increment for the lower rated position based on the employee's increment date in the lower rated position. When an employee receives an increment in the lower rated position his or her acting rate of pay will be adjusted accordingly.

20.12

In the event of termination of employment for reasons other than death or lay-off or disability, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation taken by the employee.

21.00

21.01

TRAVEL TIME

Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer.

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21.02

For the purposes of this Agreement, travel time is compensated for only in the circumstances and to the extent provided for in this Article.

21.03

When an employee is required to travel outside his or her headquarters area on Authority business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 21.04 and 21.05. Traveling time shall include time necessarily spent at each stopover enroute provided such stopover is not longer than three (3) hours.

21.04

For the purposes of clauses 21.03 and 21.05, the travel time for which an employee shall be compensated is as follows:

(a) for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;

(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or work place;

(c) in the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travel time shall not exceed that which would have been payable under the Employer's original determination.

21.05

If an employee is required to travel as set forth in clauses 21. 03 and 21. 04:

(a) on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day;

(b) on a normal working day on which the employee travels and works, the employee shall be paid:

(i) his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours;

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(ii) at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed eight (8) hours' pay at the straight-time rate of pay.

(c) on an employee's day of rest or statutory holiday, it is agreed to provide the greater of:

21.06

(i) overtime for up to eight (8) hours; and

(ii) straight time for up to the employee's normal daily hours of work to a maximum of twelve (12) hours.

(a) Upon request of an employee and with the approval of the Employer, compensation at the applicable rate of pay earned under this Article may be granted in compensatory leave with pay.

(b) Compensatory leave with pay not used by the end of a twelve month (12) period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position at the end of the fiscal year.

22.00 SUSPENSION AND DISCIPLINE

22.01

An employee may be disciplined for just and sufficient cause. Just and sufficient cause shall include, but is not limited to unsatisfactory work performance. When an employee is suspended from duty, or discharged, the Employer undertakes to notify the employee in writing by Registered Mail of the reason within a three-day period.

An employee who does not receive the written reason for suspension, or discharge, at the time of his or her suspension, or discharge, shall be deemed suspended with pay until the written notice is received.

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